Benewah County Trustee Deed Upon Sale Form (Idaho)

All Benewah County specific forms and documents listed below are included in your immediate download package:

Trustee Deed Upon Sale Form

Benewah County Trustee Deed Upon Sale Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Benewah County compliant document last validated/updated 11/27/2024

Trustee Deed Upon Sale Guide

Benewah County Trustee Deed Upon Sale Guide

Line by line guide explaining every blank on the form.
Included Benewah County compliant document last validated/updated 7/11/2024

Completed Example of the Trustee Deed upon Sale Document

Benewah County Completed Example of the Trustee Deed upon Sale Document

Example of a properly completed form for reference.
Included Benewah County compliant document last validated/updated 11/13/2024

The following Idaho and Benewah County supplemental forms are included as a courtesy with your order:

When using these Trustee Deed Upon Sale forms, the subject real estate must be physically located in Benewah County. The executed documents should then be recorded in the following office:

Benewah County Clerk

701 West College Ave, St Maries, Idaho 83861

Hours: Call for hours

Phone: (208) 245-3212

Local jurisdictions located in Benewah County include:

  • Desmet
  • Fernwood
  • Plummer
  • Saint Maries
  • Santa
  • Tensed

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Benewah County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Benewah County using our eRecording service.
Are these forms guaranteed to be recordable in Benewah County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benewah County including margin requirements, content requirements, font and font size requirements.

Can the Trustee Deed Upon Sale forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Benewah County that you need to transfer you would only need to order our forms once for all of your properties in Benewah County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Idaho or Benewah County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Benewah County Trustee Deed Upon Sale forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

The Idaho Trustee's Deed Upon Sale is codified at I.C. 45-1509.

A trustee uses a trustee's deed upon sale to convey real property sold at a trustee's sale following foreclosure under a deed of trust. A deed of trust is a security instrument that, along with a promissory note, sets out the terms for repaying a loan used to purchase real property. Some states use deeds of trust in the place of mortgages.

The three parties involved in a deed of trust are the lender, the borrower (the grantor under the deed of trust), and the trustee. The trustee is generally a title insurance agent who holds legal title to the real property until the borrower has fulfilled the obligation of the deed of trust. The borrower holds equitable title.

If the borrower defaults on the terms of the deed of trust, the trustee, under the direction of the lender, may act on the power of sale clause in the deed, and initiate non-judicial foreclosure proceedings on the property. Statutory requirements, including the mailing of notices of default and sale, must be met before a trustee's sale is held at public auction. See I.C. Title 45 for more information.

The trustee's deed names the trustee as the grantor and conveys title to the highest bidder at the sale. In addition to describing the real property being conveyed, the deed recites basic information from the deed of trust, including the date of the instrument, the grantor's name, and a reference to where the deed can be found on record. The trustee's deed also includes references to facts about the default and the trustee's sale itself, and is recorded in the county in which the subject property is situated (I.C. 45-1509).

The foreclosure process is complicated, and each situation is unique. Contact an attorney for legal guidance.

Our Promise

The documents you receive here will meet, or exceed, the Benewah County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

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December 20th, 2024

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January 16th, 2019

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Reply from Staff

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